Effective Date: December 12, 2022
Please read these Terms carefully, as they form a contract between you (“you” or “User”) and Polyient, Inc. d/b/a Step3 (“Step3”, “we” or “us”) that governs your access to, interactions with, and use of: (a) Step3’s platform, website, APIs and mobile app (together with all features, designs, content, functionality, software, modifications, updates, and derivative works thereof, the “Step3 Platform”), and (b) third party services, information, products, or content available through the Step3 Platform (collectively, “Third-Party Services”) (subparts (a) and (b) referred to collectively, as the “Services”).“NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
By clicking accept and/or accessing or using the Services, you agree that you have read, understand, and agree to be bound by these Terms, as amended from time to time. If you do not agree to be bound by these Terms, you may not access or use the Services. If you are accessing or using the Services on behalf of a person or an organization, you are agreeing to these Terms for that person or organization and promising to Step3 that you have the authority to bind that person or organization to these Terms (in which event, “you” and “your” will refer to that person or organization, as applicable). You may access and use the Services only in compliance with these Terms, and only if you have the power to form a contract with Step3 and are not barred under any applicable laws from doing so.
No Warranties and Limited Liability; Arbitration: These Terms provide you with certain legal rights, but you may have other, additional legal rights, which vary from jurisdiction to jurisdiction. Step3 doesn’t provide warranties for the Services, and these Terms limit our liability to you. Some jurisdictions do not permit the exclusion of implied warranties or the exclusion or limitation of certain damages or other rights, so those provisions of these Terms may not apply to you. These Terms require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see details below, including instructions to follow in order to opt out of binding arbitration and the class action waiver. Step3 is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. Step3 provides a Web3 service that helps users directly interact with NFT providers available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with, and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use the Services, you must use a third-party wallet which allows you to engage in transactions on blockchainsWe are not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Services and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Services.
1. Use of the Services and Accounts
Use of and Access to the Services
Step3 may provide Third-Party Services through the Step3 Platform. Your use of or interaction with any third-party Services is solely between you and the third party. Step3 does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and access to and use of such Third-Party Services is at your sole risk.
Through the Services, you may have the opportunity to qualify for rewards through promotional campaigns offered by third parties. Such rewards are made available directly by the relevant merchant or other third party providing such reward and not Step3. Rewards are subject to separate terms and conditions of the rewards provider. The rewards provider is solely responsible for redeeming any rewards you obtain. Step3 will have no liability if a rewards provider refuses or fails to honor any reward. A rewards provider may discontinue its rewards program and participation with the Services at any time. Step3 also reserves the right to terminate a rewards provider’s rewards program and participation with the Services at any time. By using the Services for rewards, you understand and acknowledge that, upon termination of a rewards program for whatever reason, any rewards may become null and void and may not be redeemable for any good, service, or any other value, financial or otherwise.
Only individuals age 18 and older are permitted to use the Services. If you are between the age of 13 and the age of majority in the jurisdiction where you reside, you will use the Services only under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Services by individuals under the age of 13 is prohibited and is a violation of these Terms.
You will not (and will not assist others to): (a) publish, copy, rent, lease, lend, sell, license, display, host or otherwise commercially exploit the Services, (b) access the Services in order to build a similar or competitive service or other commercial offering or for any other purposes except as expressly authorized herein, (c) remove any product identification, proprietary, copyright, or other notices contained in or displayed with the Services, (d) assign or transfer the Services, (e) workaround any technical or security restrictions or limitations in the Services,(f) modify, create derivative works of, reverse engineer, decompile, or disassemble any part of the Services, except to the extent the foregoing restrictions are prohibited by applicable law or by the licensing terms governing the use of open-source components that may be included with the Services,(g) copy, reproduce, distribute, download, display, or transmit the Services(or any portion of the Services) in any form or by any means, except as expressly permitted by these Terms, (h) use any Internet-based features in anyway that could interfere with others’ use of them or to try to gain access toor use any service, data, account, or network in an unauthorized manner, (i)use any data mining, robots or similar data gathering or extraction methods except as provided by the Services, (j) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, or any other system, device or property; or (k) use any of the Services other than for its intended use.
2. Ownership and Intellectual Property Rights
Except for the limited license rights expressly provided in these Terms, Step3 or its licensors, as applicable, have and will retain all rights, title, and interest (including all intellectual property rights) in and to the Services. Any suggestions, information or feedback provided by you to Step3 regarding the Services(including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Services) (“Feedback”) is voluntary and you hereby grant to Step3 a world-wide, royalty-free, irrevocable, transferrable, perpetual license to use (and authorize others to use) any Feedback without restriction. By using the Services in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Step3 the license described above, and that the content does not violate any laws. If you believe that your content has been copied and used on the Services in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement can be reached at:
ATTN: Copyright Agent
Address: 4144 N 44th St Suite 6, Phoenix, AZ 85018
Only notices under that DigitalMillennium Copyright Act (17 U.S.C.§ 512, et seq.) should be submitted to the Copyright Agent. Step3 cannot take any action with respect to any take down request unless the notice includes all of the information requested. Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available and can also contact you to resolve any dispute.
If you breach any of the provisions of these Terms, all licenses granted by Step3 will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your account and/or your ability to access or use the Services (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. These Terms will remain in effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. Any other terms which by their nature are intended to survive, survive any expiration or termination of these Terms.
5. Warranty Disclaimer; Assumption of Risk.Warranty Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Step3 AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO (AND SPECIFICALLY DISCLAIM ALL)REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTY THAT THE STEP3 PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE, (B) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND (C)ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOUR USE OF THE STEP3 PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND STEP3 DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE STEP3 PLATFORM.NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN. ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN. Step3 AND/OR ANY Step3 PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTSOR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.NO STEP3 PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO STEP3 PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Assumption of Risk
By using the Services, you accept and acknowledge:
The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. Blockchain transactions are irreversible. We have no ability to reverse any transactions on the blockchain. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs. You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. There are risks associated with purchasing items associated with content created by third parties, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. You accept and acknowledge that Step3 will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS(WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OFTHIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST INYOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
6. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL STEP3, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS OR YOU TO THE OTHER PARTY, (AND IN THE CASE OF STEP3, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS), OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, OR THE USE OF, MISUSE OF, OR INABILITY TO USE THE STEP3 PLATFORM, EVEN IF YOU OR STEP3 (AND STEP3 AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES).
IN NO EVENT WILL STEP3’S, ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’ OR YOUR TOTAL LIABILITY TO EACH OTHER (AND IN THE CASE OF STEP3, IT’S AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS), OR TO ANY OTHER THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE STEP3 PLATFORM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED FIFTY DOLLARS ($50.00).
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 4 DO NOT APPLY TO LIABILITIES THAT ARISE FROM THE UNAUTHORIZED USE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY (INCLUDING UNAUTHORIZED ACCESS OR USE OF THE STEP3 PLATFORM), YOUR INDEMNIFICATION OBLIGATIONS, OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY ARISING SOLELY FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL, BARGAINED FOR BASES OF THE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
You will indemnify, hold harmless and defend Step3 (including its affiliates, officer, directors, employees, contractors and agents), its licensors and service providers (individually and collectively, the “Step3 Parties” from any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Step3 arising out of or relating to:(a) your breach of any term or condition of these Terms, (b) your use or misuse of the Services, or (c) violations of any laws, rules or regulations applicable to your use of the Services. Step3 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Step3 and you will cooperate with Step3’s defense of such claims. You will not settle any such claim without Step3’s prior written consent.
8. Disputes and Arbitration.
Any dispute or claim relating in any way to these Terms or your access or use of any Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Step3, Attention: [ATTN: Legal Dept]. Your notice to Step3 must (a) provide your name, mailing address, and email address, (b) describe the dispute, and (c) state the relief you are requesting. The arbitration will be conducted by the American Arbitration Association(“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For any arbitration you initiate, you will pay the AAA filing fee and Step3 will pay the remaining AAA fees and costs. For any arbitration initiated by Step3, Step3 will pay all AAA fees and costs. Step3 will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or in Arizona.
Any claim arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you will not have the right to assert the claim.
WAIVER OF CLASS ACTIONS
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in Phoenix, AZ to enjoin infringement or other misuse of intellectual property rights.
OPTION TO OPT-OUT
To opt out of the arbitration and class-action waiver terms in this Section 6, you must notify Step3 in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail your written notification to Step3, Attention: Legal Department. If you do not notify Step3 as outlined in this Section, you agree to be bound by the arbitration and class-action waiver provisions herein, including such provisions in any Terms revised after the date of your first acceptance.
9. General Legal Terms and Contact Information.
Changes to Terms.
Step3 may change these Terms at any time by posting the amended Terms on Step3’s website, available at [www.step3.io/terms] (the “Site”). Any changes to these Terms will be effective upon posting the revised version of these Terms on the Site (or such later effective date as may be indicated at the top of the revised Terms). We may also notify you via the Services or by email to the email address associated with your account. If you do not agree to the Terms as amended, you must stop using the Services. Your continued use of the Services after the date the amended Terms are posted will constitute your acceptance of the amended Terms.
You agree that these Terms, and any claim, dispute, action, or issue arising out of or relating to these Terms or your use of the Services is governed by the laws of the State of Arizona without reference to conflict of laws principles. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal jurisdiction of the state and federal courts in or for Arizona for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, Step3 may seek injunctive or other equitable relief to protect its (or its licensors or service providers’) confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
Step3 may need to communicate with you from time to time regarding these Terms or the Services. Step3 may provide such notice to you via email to the email address you provided to Step3 or on the Site. If you have questions regarding these Terms or need to contact Step3, please see [www.step3.io] for Step3’s contact information.
These Terms, and any additional agreement you enter into with Step3 in writing are the complete and entire understanding and agreement between Step3 and you regarding the Services and supersede all previous or contemporaneous written and oral agreements and communications relating to the subject matter of these Terms, all of which are merged into these Terms. In these Terms: (a) the word “including” and words of similar import will mean “including, without limitation,” unless otherwise specified and (b) “or” is used in the sense of “and/or”; “any” is used in the sense of “any or all”. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Step3 agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
All waivers by Step3 will be effective only if provided in writing. Any failure or delay by Step3 to strictly enforce any provision of these Terms will not operate as a waiver of that provision, any other provision, or any subsequent breach of that or any other provision.
Each provision in these Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from these Terms; and, all the remaining provisions of these Terms will continue in full force and effect.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Step3’s prior written consent. These Terms may be assigned by Step3 without restriction. These Terms are binding upon any permitted assignee. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity
10. Export Compliance.
The Services are subject to the export control laws, regulations and orders of the United States and may be subject to the export or import control laws and regulations of other countries. You will comply with all such laws and regulations that apply to the Services. These laws include restrictions on destinations, end users, and end-use. You represent and warrant that you: (a) are not a citizen, national or resident of, nor under the control of, the government of Cuba,Iran, North Korea, Syria, Sudan, or any other country to which the UnitedStates has prohibited export, (b) are not listed on the United StatesDepartment of Treasury lists of Specially Designated Nationals, SpeciallyDesignated Terrorists, and Specially Designated Narcotic Traffickers, nor listed on the United States Department of Commerce Table of Denial Orders, nor any other United States Government exclusion lists, (c) are not under the control of or an agent for anyone on such lists or the entities listed above, (d) will not export or re-export any portion of the Services, directly, or indirectly, to the above-mentioned countries or to citizens, nationals, or residents of those countries or to persons on the above mentioned lists, and(e) will not use the Services for, and will not allow the Services to be used for, any purposes prohibited by United States law, including for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction.